Page 16 - Banking Finance February 2025

LEGAL UPDATE

SC: Parents Can Be Legally

»¹
¿
´
¹
Compelled to Provide
Education Money to Ô Ô Ô Ô Ô » »» »¹ ¹¹ ¿ ¿¿ ¿ ´ ´´ ´
Daughter
A daughter holds an indefeasible, legally
enforceable, and legitimate right to Ò»©­
seek financial support for her educa-
tional expenses from her parents, who
can be compelled to provide necessary
funds within their financial means, the
Supreme Court recently ruled.
The observations were made by a
bench comprising Justices Surya Kant act as a precedent for companies en- tional arbitration court for its stake in
and Ujjal Bhuyan in a matrimonial dis- gaged in arbitration. Tata Teleservices.
pute case where the estranged
The Directorate General of GST Intel-
couple's daughter, who is pursuing her ligence (DGGI) had claimed 18 per Kolkata & Bengal Police
studies in Ireland, declined to accept cent GST on the $1.27 billion that Tata
Rs. 43 lakh given by her father for her recover over Rs. 1 crore
Group paid to Docomo in 2019 to
education. The amount was part of the settle a dispute with Tata Teleservices. lost to cyber frauds
total alimony being paid to her mother. The group had argued that since the The Kolkata Police, along with Bengal
"She, being the daughter, has an inde- payment was made on behalf of Tata Police, was able to return more than Rs
feasible, legally enforceable, lawful, Teleservices, it should be treated as a 1 crore lost in various cyber frauds in
and legitimate right to secure educa- loan to a group firm and hence liable the state in the past two months. While
tional expenses from her parents. All for 18 per cent GST. the Bengal Police recovered around Rs
that we observe is that the daughter Tata Sons also argued that the pay- 63 lakh, with Rs 33 lakh returned in the
has a fundamental right to pursue her ment was the result of an arbitration past couple of weeks, the rest was re-
education, for which the parents could proceedings in London and hence not turned by Kolkata Police.
be compelled to provide necessary liable for GST. It eventually cited Police sources said that in almost all
funds within the limit of their financial circulars by the Central Board of Indi- cases, the recoveries were made pos-
resources," stated the bench in its rect Taxes and Customs (CBIC) in 2022 sible due to the quick reporting of the
January 2 order. and 2023 to claim that GST could not crime. Though several arrests related
be levied on liquidated damages. to these cases are pending, officers
GST authority rules in NTT Docomo had acquired 26.5 per said that they were at least able to

favour of Tata Sons in Rs. cent stake in Tata Teleservices in 2009 block the money from reaching the
when the Japanese company had de- cyber criminals.
1,500-cr Tax case cided to exit the venture at a pre-de- Among the money returned was
The Adjudicating Authority of the termined minimum price, which it around Rs 1 lakh belonging to a senior
Goods and Service Tax (GST) depart- sought to exercise in 2015. South Eastern Railways officer. The
ment has dismissed a demand of over Tata Sons declined to pay the agreed officer said, two phishing attempts
Rs 1,500 crore on Tata Sons over a amount citing Reserve Bank of India's were made on his account through a
settlement deal with Docomo. The view that such an exit could take place compromised credit card. The moment
department could now contest this at fair market value as per the he reported the matter to the Port
decision before the high court. Accord- amended rule of 2013. Docomo filed Cyber Cell, quick action was taken, and
ing to a report in The Economic Times for international arbitration and said it the money was returned to his ac-
that quoted officials, the AA order will received $1.27 billion by an interna- count within a few days.

BANKING FINANCE | FEBRUARY | 2025 | 15